oa News and Views for Magistrates - Privacy rights victory for people living with HIV & AIDS?



Extracted from text ... PRIVACY RIGHTS VICTORY FOR PEOPLE LIVING WITH HIV & AIDS? The Constitutional Court decision in the appeal against Patricia de Lille et al for publishing the names of three women living with HIV/Aids is still pending. If the appeal succeeds (and the Court agrees with the applicants) it may mean that the law will recognise a duty on journalists not to disclose private medical facts (like HIV status) without prior consent of the patient. A further possible development is that negligent publication of such private medical facts could be the basis of liability. Thus far the law only recognises intention ..


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